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MARCUS v. HINCK

28 F.Supp. 945 (1939)

MARCUS et al. v. HINCK.

District Court, S. D. New York.

August 16, 1939.

Attorney(s) appearing for the Case

Begun Brothers, of New York City, for plaintiffs.

Hunt, Hill & Betts, of New York City (George Yamaoka and Allen Gordon Miller, both of New York City, of counsel), for defendant.

CONGER, District Judge.

The plaintiffs have moved, pursuant to Rule 12(d) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to hear, determine and make an order striking out the first defense herein.

The said first defense in the answer is as follows: "The complaint fails to state a claim against the defendant upon which relief can be granted."

This brings up for consideration the question of whether or not the complaint...

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